(1)All applicants for admission and students at
the unitscampuses of the Montana University System shall be classified as in-state
or out-of-state for fee purposes, admission to the units campuses,
and admission to programs of limited enrollment.A student who is not classified as in-state is considered
to be out-of-state.The
following criteria and procedure shall be applied at all units campuses.

(2)Except as provided in subsection (7), a
person may beclassified as in-state
following a 12-month continuous period of domicile in Montana with a
documented and dated intent to become a resident of Montana as provided in
subsections (3) through (6).

(3)(a)The 12-month period referred to in
subsection (2) does not begin to run until an act indicative of intent to
become a Montana resident is taken.The
following will serve as such indicators:

(i)an automobile belonging to the person
seeking in-state status is registered in Montana,

(ii)a Montana driver's license is acquired,

(iii)a Montana voter registration is acquired,

(iv)a principal residence is purchased,

(v)a resident Montana individual income tax
return is filed.

(b)Only in the event that none of the above
indicators are appropriate, the person seeking in-state status may file
an affidavit of intent to establish residency.A form may be obtained from and must be filed with the unit.Other actions may be considered as indicators
provided that the action is clearly indicative of an intent to establish
residency and is not an action that students routinely take.

(4)(a)During the 12-month period and
thereafter for as long as in-state status is desired, the person seeking
or granted such status must act in a manner consistent with Montana residency,
including all legal obligations and responsibilities based upon such
residency.Enjoyment of a status,
receipt of benefits, or exercise of a right or privilege inconsistent with or
in contradiction of Montana residency may be a basis for classification as out-of-state.

(b)The 12-month period does not run for
any period during which the person enjoys a status, receives a benefit, or
exercises a right or privilege based upon residency outside of Montana, or
which negates the intent to become a Montana resident.

(5)(a)(i)It is presumed that the domicile of a minor
or unemancipated person is that of the person's parents or legal guardian.

(ii)If the parents are divorced, separated or
deceased, the minor or unemancipated person will be presumed a resident if
either:

(A)the parent or legal guardian with whom the
student normally resides is a resident of Montana, or

(B)the parent or legal guardian who takes the
student as an exemption for federal income tax purposes or supplies a majority
of the support for the student is a resident of Montana.

(b)It is presumed that a person absent from
Montana in excess of 30 days during the 12-month period upon which in-state
status is claimed lacks the necessary intent to acquire Montana residency as
required by subsection (2).

(c)It is presumed, in the case of an individual
who would have formerly been eligible for in-state status based on
meeting the residency requirements but who has been absent from Montana for a
period of 12 months or more, that such individual has abandoned in-state
status.This presumption does not apply
to individuals who can demonstrate satisfaction of the 12-month residency
requirement subsequent to the absence.This presumption does not apply to absences from the state for purposes
of post-secondary education or service in the armed forces of the United
States provided the individual has not taken any actions in contradiction of
the claim of Montana residency.

(d)(i)It is presumed that any person, not eligible
for in-state status under this policy, who is registered for in excess of
one-half of a normal full-time credit load is present in the state
primarily for educational purposes, and such periods may not generally be
applied to the 12-month period referred to in subsection 2.

(ii)For purposes of this subsection "in
excess of one-half of a normal full time credit load" means:

(A)Any period of time for which an
undergraduate student is registered for 7 or more semester credits, or

(B)Any period of time for which a graduate
student is registered for in excess of half of the minimum full time credit
load for graduate students as defined for financial aid purposes by the
institution at which the student is enrolled.
[1]

(e)In order to overcome any of the above
presumptions, the person desiring in-state status must do so by clear and
convincing evidence.

(6)If a person, who did not qualify for in-state
status or who had not taken acts indicative of an intent to establish Montana
residency prior to imprisonment, is incarcerated in a Montana state or local
penal institution, the time spent in the institution may not apply towards
satisfaction of the 12-month residency requirement.

(7)(a)Notwithstanding the residency requirement,
the following classes of persons are eligible for in-state status:

(i)members of the armed forces of the United
States assigned to active duty in Montana, their spouses, and their dependent
children during the member's tour of duty in Montana;

(ii)an individual domiciled in Montana and
employed full-time in a permanent job in Montana and the spouse and
dependent children of such an individual provided the primary purpose of the
person seeking in-state status for coming to Montana was not the
education of the children, the spouse, or the employed individual;

(iii)any graduate of a Montana high school
accredited by the Board of Public Education who is a citizen of the United
States or a resident alien
[2]
who registers at a unit no later than the second fall term following the
student's high school graduation shall be eligible for in-state status
for five years from the date of initial registration or until the achievement
of a baccalaureate degree, whichever occurs first, provided either of the
following conditions existed at the time the student graduated from high
school:

(A)the student attended the Montana high school
for the student's entire senior year; or

(B)the student had a parent who was employed
and resided in Yellowstone National Park;

(iv)an individual domiciled in a state other
than Montana who derives more than 50% of family income, as reported or
required to be reported under the United States tax laws, from full-time
employment in a permanent job in Montana and who pays all required Montana
taxes on Montana derived income and the spouse and dependent children of such
individual; provided the state of domicile provides reciprocal treatment for
Montana residents.

(b)If a person receives in-state status
under the provisions of this subsection (7), such status continues only so long
as the person remains a member of one of the described classes.If the person no longer is eligible for
membership in one of the classes, the person will be reclassified as out-of-state
unless the person qualifies for in-state status under the residency
provisions.It is the responsibility of
an individual to notify the unit if the individual is no longer eligible for an
exception.

(8)(a)An applicant for admission to a unitcampus or to a particular program, to be classified as an in-state
student, must meet the requirements for in-state status as of the date
the application is received by the unitcampus or
program.If a closing date has been
established for applications to a particular program, the status for purposes
of admission to the program shall be determined as of the closing date.

(b)(i)Any applicant or student classified as out-of-state
may petition to the unit campus for a
change of classification upon forms to be prescribed by the Commissioner's
office and available at the unit campus.The burden of proof, including production,
is upon the individual seeking the change in classification.In order to be reclassified an individual
must meet the requirements found in Subsections (1) through (7).Unless the unitcampus policy
provides otherwise, to be eligible to receive in-state status for a
particular term of enrollment, the individual must be eligible for in-state
status on or before the 15th instructional day of the term and the
reclassification petition must be submitted no later than seven working days
prior to the first day of registration.An applicant or student initially classified as out-of-state
may only receive an in-state classification pursuant to the procedures in
this Subsection.

(ii)The Registrar of a unitcampus or
a designee of the President or Chancellor if there is no Registrar
may initiate proceedings to reclassify an individual with in-state status
to out-of-state status if it is determined that the individual
enjoys a status; receives a benefit; exercises a right or privilege
inconsistent with or in contradiction of Montana residency; or fails to meet a
legal obligation of Montana residency.The Registrar shall inform the individual of the proposed action and
permit the individual to present written or oral material if the individual
wishes.The Registrar shall make a
written decision as to reclassification and inform the individual.

(iii)A change in classification under Subsection
(8)(b)(i) above is effective on the first official day of enrollment for the
first term following the date the petition is received by the Registrar's
office unless the late filing of a Montana individual income tax form is
required, in which case the effective date is the date of filing the tax
form.A change in classification under
Subsection (8)(b)(ii) above is effective upon the first day of enrollment for
the first term following the date of the Registrar's decision letter.

(c)An individual may appeal the initial
classification decision or a reclassification decision.If a particular unit campus provides for an on-campus appeal, such appeal must first be taken.The final campus decision may be appealed to
the Commissioner of Higher Education, and the Commissioner's decision may be
appealed to the Board of Regents.An
appeal shall be accompanied by an appeal form prescribed by the Commissioner's
office and available at the unit campus.An appeal shall be submitted to the unit campus
administration for transmittal to the Commissioner and must be
submitted to the unitcampus within
14 calendar days of the final campus decision.For good cause the Commissioner may accept an appeal beyond the
deadline.The Commissioner's decision
may only be appealed within 21 calendar days of the date of the Commissioner's
written decision.An appeal may be
accompanied by any written materials the student wishes to submit that are
relevant to the classification decision.Neither the Commissioner nor the Board are required to hold hearings on
an appeal.The Commissioner's decision
may impose conditions upon the individual for receiving and retaining in-state
status.

(9)An individual classified or reclassified as
in-state based upon false, incomplete, or incorrect replies to residency
questions or evidence submitted to the unit, the Commissioner, or the Board is
subject to retroactive reclassification by the Registrar or the Commissioner as
out-of-state.In such case
the individual is liable for the additional fees that would have been collected
had the individual been classified as out-of-state.

(10)The Commissioner, in consultation with the
units, shall prepare an operations manual to implement this policy.

History:

Item 43-002-R0484, Residency
Policy; Montana University System (Revised), April 13, 1984, May 3, 1985, June
16, 1988, October 23, 1993, July 7,1994, November 17, 1994, and March 23, 1995.

[1]
The
presumption of subsection (5)(d) is applicable to any person applying for in-state
status for spring semester, 1994.

[2]
No person
granted residency prior to the adoption of this amendment (March 23, 1995:"citizen of the United States or a
resident alien") shall be denied residency as a result of this amendment.